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HRC Shipping Ltd. Vs. MV Lady Fatima and others, 2009, 38 CLC (AD)

.... sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009)115. ......b­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009)115. ......nce in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009)115. ......ed an appli­cation for arrest of 'MV Lady Fatima' and 'MV Dali' berthed at Chittagong Port, Chittagong before the High Court Division contending that the plaintiff is a company incorporated in Bangladesh under the Companies Act, 1994 and is the owner of a number of seagoing vessels and carri..

Category: Admiralty Law or Maritime Law | Date: | Hits: 513

State Vs. Anowar Hossain Pinto alias Anowar Hossain & another, 2009, 38 CLC (AD)

....accused persons under section 342 of the Cr.P.C. is that they were innocent and they were falsely implicated in this case and the deceased must have been killed by dacoits. 5. The learned Sessions Judge on considera­tion of the evidence on record convicted the con­demned prisoner Abul Kashem un......e set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ...... liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ......be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ..

Category: Criminal Law | Date: | Hits: 53

James Finlay PLC and others Vs. Mahi Fish Processing Ltd. and others, 2009, 38 CLC (AD)

....ment and decree dated 3-12-2007 passed by the High Court Division in First Appeal No. 16 of 1998 dismissing the appeal by upholding the judgment and decree dated 31-8-1997 passed by the Subordinate Judge, 2nd Court, Chittagong in Money Suit No. 3 of 1992 decreeing the suit. 2. The facts a......ce in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ...... submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ......ter of credit was enhanced to US$ 7, 50,000 and the said letter of credit was opened through Philadelphia International Bank, New York, the LC opening bank. Agrani Bank was the negotiating bank in Bangladesh. The plain­tiff submitted the bill of lading to defendant No. 7, Agrani Bank, the L/..

Category: Business or Commercial Law | Date: | Hits: 178

Mohammad Mostafa alias Dayemuddin and another Vs. State, 2009, 38 CLC (AD)

....ed 19.-03.2003 passed by the High Court Division in Criminal Appeal No. 821 of 1997 dismissing the same and upholding the order of conviction and sentence passed by the learned Additional Sessions Judge, Laxmipur in Sessions Case No. 33 of 1988 convicting them to suffer imprisonment for life und......sions Judge, Laxmipur. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 150; 14 MLR (AD) (2009) 334. ......dge, Laxmipur. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 150; 14 MLR (AD) (2009) 334. ......Sessions Judge, Laxmipur. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 150; 14 MLR (AD) (2009) 334. ..

Category: Criminal Law | Date: | Hits: 50

Md. Shajahan Ali alias Md Shajahan Vs. State, 2009, 38 CLC (AD)

.... and order dated 26.02.2007 passed by the High Court Division in Criminal Appeal No.1715 of 2005 affirming the judgment and order of conviction and sentence dated 22.03.2005 passed by the Sessions Judge, Kishoregonj convicting the petitioner under Section 302 of the Penal Code sentencing him to ...... no substance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 325. ......ance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 325. ......ind no substance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 325. ..

Category: Criminal Law | Date: | Hits: 52

Bangladesh and others Vs. Sirajuddin Khan, 2009, 38 CLC (AD)

.... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ......vision upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ......on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ......lso Reported in: 14 MLR (AD) (2009) 312. ..

Category: Property Law | Date: | Hits: 30

Matiur Rahman Chowdhury Vs. Commissioner of Taxes, Dhaka, 2009, 38 CLC (AD)

....l, Division Bench-1, Dhaka, with further direction to dispose of the appeals, if made ready, preferably within six (6) months. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 305. ...... Division Bench-1, Dhaka, with further direction to dispose of the appeals, if made ready, preferably within six (6) months. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 305. ...... Bench-1, Dhaka, with further direction to dispose of the appeals, if made ready, preferably within six (6) months. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 305. ......e Tribunal was justified in dismissing the appeal in limine on the ground of non-fulfillment of requirement under Section 158(2) (b) of the Income Tax Ordinance, 1984? (b) Whether the Bangladesh Taxes Appellate Tribunal was justified in law in not considering the appeal on merit un..

Category: Fiscal/Taxation Law | Date: | Hits: 89

Md. Kudrat Ali Vs. Dr. Mahfuzul Haque and another, 2008, 37 CLC (AD)

....section 467 of the Penal Code and sentenced him to suffer rigorous imprisonment for  three years. As against that the petitioner filed Criminal Appeal No. 5 of 1988 in the Court of the Session Judge, Sirajganj whereupon the respondent No.11 also filed cross appeal being Criminal Appeal No. ......ther in review peti­tion there is no scope of rehearing as sought by the petition. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 620. ......eview peti­tion there is no scope of rehearing as sought by the petition. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 620. ......further in review peti­tion there is no scope of rehearing as sought by the petition. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 620. ..

Category: Criminal Law | Date: | Hits: 44

Joynal Abedin and others Vs. State, 2008, 37 CLC (AD)

....on in Criminal Petition for Leave to Appeal No.192 of 2007 dismissing the Criminal Appeal No.2466 of 2002 affirming the judgment and order dated 23.07.2002 passed by the learned Additional Sessions Judge, Gaibandha in Sessions Cases No.27 of 1997 aris­ing out of Sundarganj Police Station Cas......w and this Court. In view of the above, we do not find any substance in the application which is, accordingly, dismissed. Ed. This Case is also Reported in: VI ADC (2009) 629. ......s Court. In view of the above, we do not find any substance in the application which is, accordingly, dismissed. Ed. This Case is also Reported in: VI ADC (2009) 629. ......elow and this Court. In view of the above, we do not find any substance in the application which is, accordingly, dismissed. Ed. This Case is also Reported in: VI ADC (2009) 629. ..

Category: Criminal Law | Date: | Hits: 47

Md. Rustam Al Khan Vs. State and others, 2009, 38 CLC (AD)

..... 2, 3 and 4 also supported the informant. Considering the evidence of the witnesses and other materials on record, the High Court Division came to the finding that the learned Additional Sessions Judge has rightly passed the impugned order of conviction and sen­tence after assigning cogent ......f the view that the High Court Division did not any kind illegal­ity discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 627. ......ew that the High Court Division did not any kind illegal­ity discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 627. ......e of the view that the High Court Division did not any kind illegal­ity discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 627. ..

Category: Criminal Law | Date: | Hits: 57

Abu Ahmed Siddique Vs. Khandaker Abdul Awal and others, 2008, 37 CLC (AD)

....dingly, we find no substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 624. ......gly, we find no substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 624. ......find no substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 624. ......dingly, we find no substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 624. ..

Category: Criminal Law | Date: | Hits: 57

Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)

.... under Section 409 of the Penal Code and Section 5 (2) of the prevention of Corruption Act (Act II of 1947). The case was registered as Special Case No.06 of 1992 in the Court of the Senior Special Judge, Cox's Bazar and was subsequently transferred to the Court of learned Divisional Special Judg......ean rehearing of the matter afresh, we find no substance in the review petition, Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 617. ......ring of the matter afresh, we find no substance in the review petition, Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 617. ......hort, is that the accused petitioner was a Chairman of Cox's Bazar Pourashava and in such capacity he received a Cheque dated 20.10.1984 for an amount of Tk. 10 lac donated by the then President of Bangladesh for development works of the Pourashava and that the Cheque was deposited by opening a ..

Category: Criminal Law | Date: | Hits: 43

Md. Mirajul Shaikh Vs. State, 2009, 38 CLC (AD)

....4 aris­ing out of Jail Appeal No. 762 of 2004 along with Death Reference No. 98 of 2004 thereby dismissing the appeal of the petitioner and affirming the sentence of death passed by the learned Judge, Nari-O-Shishu Nirjatan Tribunal; Faridpur, on 06.07.2000 in Nari-O-Shishu Nirjatan Tribunal ......ecord, we do not find any reason to interfere with the same. The leave peti­tion is thus dismissed having no sub­stance. Ed. This Case is also Reported in: VI ADC (2009) 613. ...... do not find any reason to interfere with the same. The leave peti­tion is thus dismissed having no sub­stance. Ed. This Case is also Reported in: VI ADC (2009) 613. ......n record, we do not find any reason to interfere with the same. The leave peti­tion is thus dismissed having no sub­stance. Ed. This Case is also Reported in: VI ADC (2009) 613. ..

Category: Criminal Law | Date: | Hits: 96

Md. Nurul Alam Miah and others Vs. Md. Idris Ali, 2009, 38 CLC (AD)

....r dated 05.06.2008 passed by the High Court  Division in Civil Revision No.1716 of 2006 discharging the Rule affirming the judgment and order dated 09.05.2006 passed by the Additional District Judge, Court No.5, Dhaka dismissing the Civil  Revision No.187 of 2006 affirming the order date...... no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 605. ......hy;stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 605. ......ind no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 605. ..

Category: Property Law | Date: | Hits: 33

Md. Shoukat Ali Howlader and others Vs. Nur Box Howlader and others, 2008, 37 CLC (AD)

....der dated 10.05.2006 passed by the High Court division in Civil Revision No. 4683 of 1999 making the Rule absolute revers­ing the judgment and decree dated 29.06.1999 passed by the Subordinate Judge, Barisal in Title Appeal No. 93 of 1998 setting aside those dated 26.02.1998 passed by the As......no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 604. ......y;stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 604. ......nd no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 604. ..

Category: Property Law | Date: | Hits: 24

Chitta Ranjan Roy Vs. Dhirendra Nath Roy and others, 2008, 37 CLC (AD)

.... dated 14.01.2007 passed by the High Court  Division in Civil Revision No.103 of 1994 making the Rule absolute setting aside the judgment and decree dated 06.02.1993 passed by the Subordinate Judge (Joint District Judge), Bagerhat in Title Appeal No.14 of 1989 revers­ing those dated 27....... find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 600. ......substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 600. ...... we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 600. ..

Category: Property Law | Date: | Hits: 27

Md. Azizur Rahman Vs. Alatun Bewa alias Jahanara Bewa and others, 2008, 37 CLC (AD)

....4.04.2005 passed by a Single Bench of the High Court Division in Civil Revision No. 425 of 2001 discharging the rule and affirming the judgment and order dated 03.04.2002 passed by the Sub-ordinate Judge, Second Court, Rajshahi in Miscellaneous Appeal No. 96 of 1997 reversing the judgment and ord......ved at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 597. ...... correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 597. ......rrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 597. ..

Category: Property Law | Date: | Hits: 26

Cromvege Tannaries Ltd. & anr Vs. Joint Dist Judge & Artha Rin Adalat No.1, Dhaka, 2009, 38 CLC (AD)

....Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J M/s. Cromvege Tannaries Ltd. and another......................................Petitioners Vs. Joint District Judge and Artha Rin Adalat No.1, Dhaka and others......Respondents Judgment April 22,......gality or infirmity in the decision of the High Court Division no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 594. ...... infirmity in the decision of the High Court Division no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 594. ......llegality or infirmity in the decision of the High Court Division no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 594. ..

Category: Civil Law | Date: | Hits: 103

Abdul Gafur Vs. Mariom Bibi and others, 2009, 38 CLC (AD)

....ssed by the High Court Division in Civil Revision No. 4099 of 1997 dis­charging the Rule and thereby affirming the judgment and decree dated 11.06.1997 passed by the learned Additional District Judge, 1st Court, Brahmanbaria in Title Appeal No.78 of 1995 reversing the judgment and decree date...... fact has been affirmed by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 591. ...... been affirmed by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 591. ...... of fact has been affirmed by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 591. ..

Category: Property Law | Date: | Hits: 25

Nasiruddin Biswas Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (AD)

....e is no illegali­ty or infirmity in the above decision so as to call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 587. ......s no illegali­ty or infirmity in the above decision so as to call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 587. ......gali­ty or infirmity in the above decision so as to call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 587. ...... affidavit-in-opposition denying the material allegations and contending that VAT System is a modern concept in the taxation system of the world and it is also an indirect tax being substituted in Bangladesh in the year 1991 in place of Sales Tax and accord­ing to the provisions as laid down..

Category: Fiscal/Taxation Law | Date: | Hits: 83